Prosecution Insights
Last updated: July 17, 2026
Application No. 18/180,936

RESIST MATERIAL AND PATTERN FORMING METHOD

Final Rejection §103
Filed
Mar 09, 2023
Priority
Mar 17, 2022 — JP 2022-42868
Examiner
LEE, ALEXANDER N
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shin-Etsu Chemical Co., Ltd.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
81 granted / 108 resolved
+10.0% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§103
84.2%
+44.2% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 108 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Amendment to the claims was submitted on 03/25/2026, claims 1, 6, 11, and 16 are canceled. Claim Status Claims 2-5, 7-10, 12-15, and 17-18 are under consideration Claims 1, 6, 11, and 16 are canceled Claims 19-20 are withdrawn Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2-5, 7-10, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura (US20110311915A1, published 2011) in view of Hatakeyama (US20180335696A1, published 2018). Regarding claims 2-5, 7-10, and 17-18, Kimura teaches a photosensitive resist underlayer film forming composition used in a lithography process includes: a polymer (A) containing a unit structure having a hydroxy group, a unit structure having a carboxy group, or combination thereof; a crosslinkable compound (B) having at least two vinyl ether groups (crosslinking agent); a photoacid generator (C) (a component which is decomposed by irradiation of an active ray or a radiant ray to generate an acid); a C4-20 fluoroalkylcarboxylic acid or a salt of the fluoroalkylcarboxylic acid (D); and a solvent (E) [abstract], reading on instant claims 4-5. Kimura teaches the polymer (A) includes unit structures of formulae (1) and (2) [0013], including example formulae (1-1) and (2-6) [0037], aligning with instant formulae (a1) and (a2), reading on instant claims 7-10. PNG media_image1.png 148 281 media_image1.png Greyscale PNG media_image2.png 97 286 media_image2.png Greyscale PNG media_image3.png 116 286 media_image3.png Greyscale PNG media_image4.png 70 284 media_image4.png Greyscale Kimura teaches their crosslinkable compound with formula (4) [0015], including an example (4-1) [0054], aligning with instant formula (1), reading on instant claims 17-18. PNG media_image5.png 68 285 media_image5.png Greyscale PNG media_image6.png 136 289 media_image6.png Greyscale Kimura teaches an of their component (D) including the following triphenylsulfonium tricosafluorododecanoate [0086], aligning with instant formula (2). PNG media_image7.png 240 296 media_image7.png Greyscale Kimura teaches solvents such as ethylene glycol monomethyl ether (an organic solvent) [0068]. Kimura fails to teach a photoacid generating component as part of the polymer chain. Hatakeyama, analogous art, teaches a resist composition comprising of a polymer comprising recurring units having the formula (a1) [claim 1], including the following example anion and cation [0044-0045],where RA is H or Methyl, reading on instant claims 2-3. PNG media_image8.png 178 289 media_image8.png Greyscale PNG media_image9.png 149 120 media_image9.png Greyscale PNG media_image10.png 134 138 media_image10.png Greyscale Hatakeyama further teaches a polymer comprising recurring units derived from a sulfonium or iodonium salt having a polymerizable unsaturated bond and containing an iodine atom in the linker between the polymerizable unsaturated bond and a fluorosulfonic acid, as the polymer-bound acid generator, a resist material having a high sensitivity, reduced LWR, improved CDU, high contrast, improved resolution, and wide process margin is obtainable [0011]. As both Hatakeyama and Kimura teach photosensitive resist compositions comprising of a fluorosulfonic acid sulfonium salt as photoacid generators, it would have been obvious to a person of ordinary skill in the art to include the polymer-bound acid generator of Hatakeyama with the polymer of Kimura for the benefits disclosed by Hatakeyama. Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura (US20110311915A1, published 2011) in view of Hatakeyama (US20180335696A1, published 2018) as applied to claims 2-5 above, and further in view of Taniguchi (US20200301274A1, published 2020). Regarding claims 12-15, Kimura et al. teaches the above limitations set forth. Kimura fails to teach their component (D) contains an iodine atom. Taniguchi, analogous art, teaches a photosensitive resist composition comprising of a quencher containing an onium salt with the following formula (A-1) [abstract], including the following example anion and cation [0053-0054], reading on instant claim 12-15. PNG media_image11.png 119 294 media_image11.png Greyscale PNG media_image12.png 90 192 media_image12.png Greyscale PNG media_image10.png 134 138 media_image10.png Greyscale Taniguchi teaches their sulfonium salt constituting the inventive chemically-amplified negative resist composition has high molecular weight due to iodine, so that it is characterized in that the acid diffusion is small. Further, since iodine considerably absorbs EUV at a wavelength of 13.5 nm, secondary electrons generated from iodine during exposure move to a strong-acid generator and promote the decomposition of protective group, so that high sensitivity is achieved. Furthermore, iodine atoms have a low affinity to an alkaline developer and lower the solubility thereto, so that a negative pattern formed using the inventive negative resist composition is less dissolved in a developer than negative patterns formed using conventional negative resist compositions are. Accordingly, a pattern with little top loss and favorable profile can be formed [0028]. As both Taniguchi and Kimura teaches photosensitive resist compositions comprising of a fluoroalkylcarboxylic acid sulfonium salt, it would have been obvious to a person of ordinary skill in the art to use the iodine containing fluoroalkylcarboxylic acid sulfonium salt as the fluoroalkylcarboxylic acid sulfonium salt of Kimura for the benefits disclosed by Taniguchi. Response to Arguments Applicant's arguments filed 03/25/2026 regarding the rejections of claims 2-5, 7-10, 12-15, and 17-18 have been fully considered but they are not persuasive. The applicant asserts that Kimura is drawn to a resist underlayer film formed beneath a resist upper layer film that is subjected to exposure and development, while Hatakeyama is drawn to a composition for forming a resist upper layer film, where the resist underlayer film of Kimura would not generally contain a photoacid generating component. Applicant further asserts that the instant resist material of claim 2 shows excellent contrast in pattern formation, where in contrast the resist underlayer film of Kimura cannot achieve such effects. However, the examiner disagrees. The resist underlayer of Kimura is disclosed to be both exposed and developed along with the overlying resist upper film where the resist underlayer film together with the resist is exposed to light through a mask, an acid is generated by a photoacid generator in the resist underlayer film and the generated acid breaks the acetal bond to form an alkali-soluble group such as a hydroxy group, a carboxy group, or combination thereof. Accordingly, an exposed portion is removed together with the resist by an alkaline developer to form a pattern [0018-0019], clearly teaching exposure and development to form a pattern in their resist underlayer film formed from a composition containing a photoacid generator. Kimura further teaches their composition results in a resist shape that is considered to be a rectangular shape (excellent contrast) [0022]. As both Kimura and Hatakeyama teach photosensitive resist film forming compositions containing similar photoacid generators, the examiner maintains the rejection to claims 2-5, 7-10, 12-15, and 17-18. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571) 272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.N.L./Examiner, Art Unit 1737 /KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
Read full office action

Prosecution Timeline

Mar 09, 2023
Application Filed
Dec 29, 2025
Non-Final Rejection mailed — §103
Mar 25, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12674058
COMPOUND, PHOTOSENSITIVE RESIN COMPOSITION COMPRISING SAME, PHOTOSENSITIVE RESIN FILM, COLOR FILTER AND CMOS IMAGE SENSOR
3y 2m to grant Granted Jul 07, 2026
Patent 12663718
RESIST UNDERLAYER FILM-FORMING COMPOSITION
5y 5m to grant Granted Jun 23, 2026
Patent 12656682
PHOTORESIST COMPOSITION AND METHOD OF MANUFACTURING A SEMICONDUCTOR DEVICE
5y 2m to grant Granted Jun 16, 2026
Patent 12656685
FILM FORMING COMPOSITION
4y 8m to grant Granted Jun 16, 2026
Patent 12650648
METHOD TO REDUCE LINE EDGE ROUGHNESS FOR EUV PHOTORESIST PATTERN
3y 10m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.0%)
3y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 108 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month